California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 40 - Naturopathic Medicine Committee
Article 8 - Citations
Section 4248 - Citation Factors
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
The following factors shall be considered when determining the amount of an administrative fine:
(a) The good or bad faith exhibited by the cited person.
(b) The nature and severity of the violation.
(c) Evidence that the violation was willful.
(d) History of violations of the same or similar nature.
(e) The extent to which the cited person has cooperated with the Committee.
(f) The extent to which the cited person has mitigated or attempted to mitigate any damage or injury caused by his or her violation.
(g) Such other matters as justice may require.
(h) For the issuance of a citation that includes an administrative fine in excess of $2,500, including a citation issued pursuant to section 4254, the Committee shall determine that at least one of the following circumstances apply:
1. New section
filed 11-8-2004 as an emergency; operative 11-8-2004 (Register 2004, No. 46). A
Certificate of Compliance must be transmitted to OAL by 3-8-2005 or emergency
language will be repealed by operation of law on the following
day.
2. New section refiled 3-8-2005 as an emergency; operative
3-8-2005 (Register 2005, No. 10). A Certificate of Compliance must be
transmitted to OAL by 7-6-2005 or emergency language will be repealed by
operation of law on the following day.
3. Certificate of Compliance
as to 3-8-2005 order transmitted to OAL 7-5-2005 and filed 8-16-2005 (Register
2005, No. 33).
4. Change without regulatory effect amending
subsections (e) and (h) filed 9-30-2010 pursuant to section
100, title 1, California Code of
Regulations (Register 2010, No. 40).
Note: Authority cited: Sections 125.9 and 3622, Business and Professions Code. Reference: Sections 125.9, 148 and 3620, Business and Professions Code.